IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 214 CWP-12672-2018 Date of decision: 06.07.2026 Kuldeep Singh .....Petitioner Versus State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present : Mr. Daljeet Singh Randhawa, Advocate for the petitioner. Mr. N.P.S. Hira, DAG, Punjab. Mr. Vikas Chatrath, Sr. Advocate with Mr. Abhishek Sharma, Advocate, Ms. Aditi Verma, Advocate, Mr. Siddharth Dhiman, Advocate and Ms. Pragya, Advocate for respondents No.3 and 4. Mr. Sanjeev Kumar Arora, Advocate for respondents No.5, 6, 8 to 17, 19 to 23, 25, 28 to 30, 32 and 38. **** NAMIT KUMAR, J. (ORAL) 1. The instant petition has been filed by the petitioner under Articles 226/227 of the Constitution of India, seeking a writ of certiorari for quashing the seniority list dated 17.09.2016 (Annexure P- 5), issued by respondent No.2, wherein the name of the petitioner has not been mentioned and the order dated 02.01.2017 (Annexure P-7), vide which respondent No.7 has been promoted to the post of Junior Engineer (Civil). Further, a writ of mandamus has been sought for directing the respondents to consider and promote the petitioner to the post of Junior Engineer (Civil) with effect from 02.01.2017, i.e., the date his junior has been promoted, with all consequential benefits after recasting the seniority list. VINAY 2026.07.13 18:34 I attest to the accuracy and authenticity of this order/judgment CWP-12672-2018 -2- 2. Briefly stated, the facts of the case are that the petitioner was appointed as Clerk on daily wage basis on 09.11.1993 at Nagar Panchayat, Badhni Kalan. Thereafter, his services were regularised on the post of Clerk with effect from 01.10.2007 and vide order dated 10.12.2012, he was transferred to Nagar Panchayat, Nihal Singh Wala on permanent basis, which was conveyed to the petitioner, vide letter dated 10.01.2013. 3. Respondent No.7 (Ashok Kumar) was appointed as Clerk on 21.02.1995 on daily wage basis in Nagar Panchayat, Badhni Kalan, and his services on the post of Clerk were regularised on 01.10.2007. He was assigned the duties of the Work Supervisor with effect from 06.01.1996 and, vide resolution dated 26.02.2010, his post of Clerk was converted into the post of Work Supervisor with effect from the date he had been working on the said post. Thereafter, he was promoted to the post of Junior Engineer (Civil), vide order dated 02.01.2017 (Annexure P-7). 4. It has further been stated in the petition that respondent No.2 issued a provisional seniority list of eligible employees belonging to the feeder cadre for promotion to the post of Junior Engineer (Civil) and invited objections for the same. Thereafter, a final seniority list dated 17.09.2016 (Annexure P-5) was issued, wherein the name of the petitioner did not find mention, whereas the name of respondent No.7- Ashok Kumar, was reflected at Sr. No.8 of the said seniority list. The said seniority list dated 17.09.2016 (Annexure P-5) and promotion order of respondent No.7 dated 02.01.2017 (Annexure P-7), whereby he has been promoted as Junior Engineer (Civil), have been impugned in VINAY 2026.07.13 18:34 I attest to the accuracy and authenticity of this order/judgment CWP-12672-2018 -3- the present petition. 5. Learned counsel for the petitioner submits that the impugned promotion order and seniority list are arbitrary, illegal and contrary to the Punjab Municipal Services (Recruitment and conditions of Service) (Third Amendment) Rules, 2015 (Annexure P-8). He submits that respondent No.7 was ineligible for promotion as he lacked the prescribed experience and had not qualified the departmental examination, yet he was promoted in preference to the petitioner, who was senior and eligible. He further submits that the promotion process suffered from procedural irregularities, including improper preparation of the seniority list without inviting objections, thereby rendering the impugned action liable to be set aside. 6. Per contra, learned senior counsel for respondents No.3 and 4 has submitted that the petitioner has no enforceable right to claim promotion to the post of Junior Engineer (Civil). He has further submitted that the petitioner, after his regularisation as Clerk, was transferred on his own request to another Nagar Panchayat and, being a member of non-provincialised cadre, lost his seniority. The petitioner neither worked as Work Supervisor nor ever sought posting against the said post. In contrast, respondent No.7 had been discharging duties of Work Supervisor since 06.01.1996 and, upon consideration of his representation, his post was converted from Clerk to Work Supervisor by the competent authority on 26.02.2010 from the date he has been working as Work Supervisor i.e. 06.01.1996. Thereafter, his name was rightly included in the final seniority list of Work Supervisors dated 17.09.2016, and he was promoted as Junior Engineer (Civil) on VINAY 2026.07.13 18:34 I attest to the accuracy and authenticity of this order/judgment CWP-12672-2018 -4- 02.01.2017 strictly on the basis of seniority and in accordance with the applicable rules. Therefore, the writ petition is devoid of merit and deserves to be dismissed. 7. I have heard learned counsel for the parties and perused the record. 8. The facts are not in dispute that the petitioner was senior to respondent No.7 as Clerk as he joined the said service on daily wage basis prior to respondent No.7 and they both have been regularised on 01.10.2007. Respondent No.7 has been working as Work Supervisor since 06.01.1996 and his post has been converted as Work Supervisor, vide order dated 26.02.2010 from the date he has been working as Work Supervisor. There is no dispute that respondent No.7 is working as Work Supervisor since 06.01.1996. Further promotion from the post of Work Supervisor is to the post of Junior Engineer (Civil) and the same is governed by the rules known as Punjab Municipal Services (Recruitment and conditions of Service) (Third Amendment) Rules, 2015 (Annexure P-8). As per the said rules, qualification to the said post is as under:- Sr. No. Name of Post Qualifications for direct recruitment Qualification for promotion 1 2 3 4 “5 Junior Engineer (i) (Civil) Should possess a Diploma in Civil Engineering from a recognised university or institution. (i) 30% of promotional posts - From amongst the Class-III employees of Municipal Councils/Nagar Panchayats under the control of the Director, who possess qualifications prescribed for direct recruitment for the post or more technical qualifications and have an experience of working as such for a minimum period of two years. VINAY 2026.07.13 18:34 I attest to the accuracy and authenticity of this order/judgment CWP-12672-2018 -5- (ii) 70% promotional posts - From amongst the (a) Work Supervisors, (b) Work Munshies, (c) Work Mistries, (d) Surveyors, (e) Junior Draftsmen or (f) Motor Mates working in Municipal Councils/Nagar Panchayats under the control of the Director, who - (a) are Matriculate or its equivalent; (b) have an experience of working on either or more of the said posts for a minimum period of ten years; and (c) have passed departmental examination conducted by the Director on the pattern of Department of Public Works (Buildings and Roads Branch), Government of Punjab. 9. As per the aforesaid rules, Work Supervisors, Work Munshies, Work Mistries, Surveyors, Junior Draftsmen and Motor Mates, working in Municipal Councils/Nagar Panchayats, who are matriculates, possess experience of minimum of ten years and have passed departmental examination conducted by the Director on the pattern prescribed by the Department of Public Works (Buildings and Roads Branch), Government of Punjab, are eligible for promotion to the post of Junior Engineer (Civil). Admittedly, respondent No.7 fulfilled the prescribed eligibility conditions and possessed the requisite experience as Work Supervisor. Accordingly, vide order dated 02.01.2017 (Annexure P-7), he was promoted to the post of Junior Engineer (Civil). So far as the challenge of the petitioner to the promotion of respondent No.7 made to the post of Junior Engineer (Civil), vide order dated 02.01.2017 is concerned, it may be noticed that the said promotion has been made as a stop gap arrangement on ad hoc basis and is not a regular promotion and since the petitioner is not eligible, therefore, he cannot challenge the ad hoc promotion of respondent No.7. Respondent No.7 was working as Work Supervisor VINAY 2026.07.13 18:34 I attest to the accuracy and authenticity of this order/judgment CWP-12672-2018 -6- and satisfied the eligibility criteria under the rules and his promotion has rightly been made against the post of Junior Engineer (Civil). No illegality or arbitrariness has been pointed out in the said promotion and, therefore, the same does not warrant any interference by this Court in the present petition. 10. So far as the claim of the petitioner that his name has not been included in the seniority list dated 17.09.2016 (Annexure P-5) is concerned, the said claim of the petitioner shall be considered by the competent authority only if the petitioner is otherwise eligible and entitled to be included in the cadre of Work Supervisors in accordance with the applicable service rules. Admittedly, the petitioner continued to hold the post of Clerk and was never borne on the cadre of Work Supervisors. In the absence of any legal right to claim inclusion in the seniority list of Work Supervisors, no direction can be issued for considering his case for promotion to the post of Junior Engineer (Civil). 11. It is a settled principle of service jurisprudence that an employee has only a right to be considered for promotion in accordance with the applicable service rules and does not possess a vested or fundamental right to promotion. Such consideration can be claimed only if the employee belongs to the prescribed feeder cadre and fulfils the eligibility conditions. A person, who is not borne on the feeder cadre, cannot seek parity with employees of that cadre or claim inclusion in its seniority list as a matter of right. 12. Equally well settled is the principle that transfer on one's own request entails the consequences prescribed under the applicable VINAY 2026.07.13 18:34 I attest to the accuracy and authenticity of this order/judgment CWP-12672-2018 -7- service rules, including loss of seniority wherever so provided. Having sought transfer voluntarily, the petitioner cannot subsequently claim restoration of his earlier seniority or consequential promotional benefits. Moreover, the respondents have acted in accordance with the applicable rules and the settled seniority position, and no arbitrariness, discrimination or violation of Articles 14 and 16 of the Constitution of India, is made out so as to warrant interference by this Court. 13. Accordingly, finding no merit in the present writ petition, the same is hereby dismissed. 06.07.2026 (NAMIT KUMAR) Vinay JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VINAY 2026.07.13 18:34 I attest to the accuracy and authenticity of this order/judgment